Top Tweets – Sen. Pryor’s Nihilism on Parade

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CBO: #Obamacare subsidies will contribute to rising federal budget deficits over the next decade.

Arkansas seeking federal bailout for costly Medicaid expansion venture

Back-end: Employer coverage verification system not operational and may not be ready for Nov

Enroll America urges emphasizing fascistic individual mandate penalty in next round (nice smile, teeth of iron)

Narrow networks still anger, bills in 22 states. (Get over it, one expert says. No, #keepyourdoctor was promised)

#ACA can’t lower costs and raise demand at the same time.

Obama waives ethics rules for UnitedHealth #crony to work at CMS.

#ACA plan hits NY family with 22 percent increase – NOW, not next year

Largest oncology practice in Las Vegas drops #Obamacare patients. #keepyourdoctor

Sen. Pryor: cancellation stories just ‘anecdotal’. (Here’s the problem: people aren’t real to them.)

If the individual is meaningless, then society is worthless, too. – Harry Wu (Chinese Laogai survivor)

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BREAKING: President Set to Give Obamacare to Millions

Grant Would Come At Taxpayers’ Expense

OCTS original reporting
For all the background, read our first report

Obamacare Bombshell: Pathway to Subsidies for Illegal Aliens

Major news outlets are reporting that President Obama is considering executive orders, orders that potentially grant legal immigration status to 5 to 6 million people.

If so, many of said people earning under 200 percent of Federal Poverty Level would instantly qualify for taxpayer-subsidized Obamacare with cost-sharing reductions, under Obamacare’s “Basic Health Program.”

As another effect, the President’s process effectively  lets millions bypass the five-year disqualification immigrants normally face before they can collect federal means-tested benefits like Obamacare and other entitlements. (see, for example, 8 USC 1613)

Don’t believe us? Check out the law[1] and the Dept. of Health and Human Services’ final rule concerning the eligibility of non-citizen residents with legal status. (And notice–the rule and the law are not the same.)

[1] see section 1331(c)(1)(B), below, and compare to 42 CFR 600.305(a)(2)

by OCTS, July 25, 2014 (updated 27-July-14)

 

 

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Obamacare + Economy = Part-time Nation

Comment: Who can convert a great nation’s prime workforce to part-time? Obamacare can!

“July 20–Last month, the U.S. Department of Labor’s numbers indicated part-time employment is on the rise.”

“By the government’s account, the number of part-timers in the workforce jumped 275,000 to 7.5 million. It’s the highest number reported this year.”

…”Economists note that hiring is going on; the concern is the number of hours. That leads to the worries about the increase in part-time jobs.”

“Some have voiced concerns that the federal health insurance overhaul, which requires employers with at least 50 full-time workers to provide health plans to all who work at least 30 hours, is causing some companies to hire part-timers.”

…”National surveys find a trend for workers between ages 18 and 34 moving toward part-time employment.”

Part-time Employment on the Rise
Jim Offner, Waterloo-Cedar Falls Courier, July 20, 2014

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#RateShock – Study: Average Obamacare Hike is 49 percent

Comment: All the suffering we’ve seen so far has come from only about 5 percent of America–those who buy their own individual policies.  Delays in the employer provisions have hidden the impacts from most Americans for a couple more years–individual policy purchasers are the only ones to have felt the full bite of Obamacare thus far.

And quite a bite it has been, as tabulated by Avik Roy at the Manhattan Institute below…

(“If we like your plan you can keep it … you just might not be able to afford it.”)

“We were able to obtain data for 3,137 of the United States’ 3,144 counties.”

“Among men, the county with the greatest increase in insurance prices from 2013 to 2014 was Buchanan County, Missouri, about 45 miles north of Kansas City: 271 percent. Among women, the “winner” was Goodhue County, Minnesota, about an hour southwest of Minneapolis: 200 percent. Overall, the counties of Nevada, North Carolina, Minnesota, and Arkansas haven experienced the largest rate hikes under the law.”

[...] “Across the country, for men overall, individual-market premiums went up in 91 percent of all counties: 2,844 out of 3,137. For 27-year-old men, the average county faced 91 percent increases; for 40-year-old men, 60 percent; for 64-year-old men, 32 percent.”

“Women fared slightly better; their premiums “only” went up in 82 percent of all counties: 2,562 out of 3,137.”

[...]  “If you go to our interactive map, … you can find out whether subsidies will help you. For example, in Texas, if you’re a 27-year-old man and you make more than $27,991, you’re likely to pay more under Obamacare, even if you qualify for a subsidy. If you’re 30 years old, with an average household size, you’ll need to make less than $36,409 to break even under Obamacare.”

[...]  “Remember that President Obama often promised that his plan would “lower premiums by up to $2,500 for a typical family per year…by the end of my first term as President of the United States.” It’s an understatement to say that this has not happened.

3,137-County Analysis: Obamacare Increased 2014 Individual-Market Premiums By Average Of 49%

Avik Roy, 6/18/2014

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CNN Poll: Obamacare: It’s Not Working

Comment: New poll results have the Administration’s buddies over at CNN winding up their poll-laundering machine from “rinse” to “spin”–

“According to the poll, only 18% of the public say they or their families are better off now that the major provisions of the health care law have been implemented.”

Don’t worry Peter Pan, there are still some fervent faithful believers that higher-priced, government-operated health care must have helped someone:

“Another 35% report that, while their lives have not improved, the Affordable Care Act has benefited other people in the U.S. Add those two numbers together, and that means 53% say that Obamacare has helped either their families or others across the country.”

(Most families experiencing a change report that Obamacare has made them worse off, but, as long as we’re spending trillions, it’s nice to know you can’t redistribute three hundred million people’s health care money without accidentally helping somebody.)

CNN Poll: Is Obamacare working?
July 23rd, 2014

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Our Lying Obamacare Overlords, Part II – Premiums

Comment: To save the 2014 election, the White House is forcing insurers to lie about their Obamacare premiums. HHS is coercing insurers to price Obamacare products below actual cost, and promising to pay off those that “play nicely” later with bail-outs, after the election.

That is, your government is trying to hide the cost of their laws from you until it’s too late for you to stop it, or vote them out.  Strong-arm government, lies, and pay-offs–it’s Banana Republic stuff, folks.

“The White House tried a test run several weeks ago. Hidden in the midst of a 436 page regulatory update, and written in pure bureaucratese, the Department of Health and Human Services asked that insurance companies limit the looming premium increases for 2015 health plans. But don’t worry, HHS hinted: we’ll bail you out on the taxpayer’s dime if you lose money.”

[...] “If insurance companies don’t give in, regulators have powerful ways to make life hard for them. A shrewd CEO doesn’t need to look far to see what might happen if his company opts out. This administration already has a reputation for strong-arming dissenting businesses in other industries.”

The White House Is Bribing Health Insurance Companies
By Tim Phillips, 7/14/2014

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Obamacare Enrollees Frequenting Emergency Rooms, Wait Times Rise

With Doctors Not Accepting Obamacare, Patients Flock to Emergency Rooms

Comment: Obamacare — mandatory government-approved insurance(tm).*
                     * Care not included.

The average wait time for an emergency room in California has risen to five hours–and thanks to Obamacare, some doctors fear it’s about to get worse.”

“While many Californians have enrolled in healthcare through Obamacare, far fewer doctors are accepting that insurance than the law’s proponents predicted. As a result, patients are heading to the emergency room to receive primary care.”

BY: Washington Free Beacon Staff, July 7, 2014

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Obamacare: Your Info, Ripe For the Taking

Comment: Obamacare aggressively collects your personal information in many places.  Cybercriminals and political opponents alike can steal financial, medical, employment, and generally far more information than ever before possible.

Obamacare: one-stop shopping for criminals and crooked bureaucrats.

“The high value of health information makes it attractive to hackers.”

“A credit card can be canceled within hours of its theft, but information in a patient’s health record is impossible to undo. The record contains financial records, personal information, medical history, family contacts — enough information to build a full identity.”

[...]

““I believe that we’re not talking about if there’s going to be a big data breach in health care, it’s going to be how many and when,” Wah said. “Because there already are a tremendous number of data breaches that are occurring in health care today.””

Electronic health records ripe for theft
By DAVID PITTMAN | 7/13/14 9:56 PM EDT

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Top Tweets – Problems and More Problems

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Disastrous roll-out won’t end – thousands uninsured despite paying premiums

Wait times, ER visits up in Calif.  #ACA to Increase access and lower costs?  It didn’t happen.

#Obamacare costs on small businesses will inhibit hiring, reduce compensation and hinder expansion

Latest jobs report shows predictions of #Obamacare Part-Time Nation coming true

15-state data shows 322,000 (13%) have not paid premiums; unknown how many have made 2nd payment

Confusion reigns among those who once supported #ACA employer mandate. Even they know #ItsNotWorking

#ACA paperwork burden up 48M hrs this year, more regs to come

#ObamacareLogic– if your plan is so affordable that people can’t afford it, fine them!

VA grants appointment to brain cancer victim – 2 years after he died.

None dare call the VA a death panel. Deciding when you die because they want to go home at 5 o’clock.

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Obamacare Bombshell: Pathway to Subsidies for Illegal Aliens

Granting Status to Illegals May Get Them Better Health Plans Than Citizens, at Taxpayer Expense

- The news comes on the heels of revelations that HHS has yet to determine the citizenship status of 1,295,571 Obamacare exchange enrollees.

By the Obamacare Truth Squad, July 8, 2014

Executive Summary:

  • Non-citizens granted any sort of legal status by a congressional immigration deal or Executive fiat would immediately become eligible under Obamacare’s Basic Health Program (BHP) provisions for taxpayer-subsidized, Obamacare-compliant private health insurance plans, with better benefits and lower premiums than U.S. citizens.
  • Such persons could also receive “cost-sharing” subsidies under Obamacare.
  • The Senate comprehensive immigration reform bill, S.744 passed earlier this year, purports but fails to prevent persons newly granted “legal status” from receiving Obamacare subsidies.
  • An HHS final rule issued in March extended Basic Health Program benefits to aliens lawfully present in the country from 0-200 percent of the official Federal Poverty Line (FPL) when the statute explicitly states that no lawfully present aliens above 133 percent of FPL are eligible.
  • The statute clearly limits who is eligible for the BHP, but HHS’ rule opens the door to others being deemed eligible, contrary to the law, and without congressional approval.

Background

Obamacare §1331 creates the “Basic Health Program,” an optional program that states may adopt to make subsidized care available, separate from the Obamacare exchanges. More generous than Medicaid, the program provides federal subsidies to the state equal to 95 percent of the subsidy the enrolled individuals would have gotten on an exchange.

HHS Issues New “Final” Rule

In a little-noticed rule-making dated March 12th, 2014, President Obama’s Health and Human Services issued the final Basic Health Program rule that would make heavily subsidized Obamacare immediately available to millions of aliens currently not lawfully present in the United States, if future legislative reforms or executive actions grant those aliens what Obamacare terms “legal status.”

It’s not clear what Obamacare meant by “legal status,” but it could reasonably be argued that any work permit, temporary visa, waiver, amnesty, or virtually any other pretext might suffice.

Illegal Changes

The Basic Health Program offers heavy taxpayer subsidies to citizens and legal non-citizens. The Obamacare law permits BHP subsidies for U.S. citizens with incomes from 133 percent to 200 percent of FPL, and legal aliens with incomes from 0 to 133 percent of FPL. But, HHS’ final rule broadens those subsidies to legal aliens with incomes from 0 to 200 percent of FPL.

Specifically, the PPACA itself specifies enrollment for aliens “lawfully present” shall be limited to:

“…in the case of an alien lawfully present in the United States, whose income is not greater than 133 percent of the poverty line…” —PPACA, §1331(e) (42 U.S.C. 18051(e)(1)(B))

But HHS’ final rule extends those payments to “aliens lawfully present” with incomes that are greater than 133 percent of FPL:

“whose household income is between zero and 200 percent of the FPL” —42 CFR 600.305

Thus, the HHS rule illegally makes federal taxpayer-paid subsidies available to legal (and newly legalized) non-citizens with incomes from 133 to 200 percent of FPL, people who are ineligible according to the law (PPACA § 1331(e)).

The HHS rule also transmutes the PPACA’s directive that “only people who meet these requirements” will be eligible for the BHP into “people who meet these requirements are eligible.” This slippery substitution opens the possibility that HHS may deem additional people eligible at some future date, even if they don’t meet the law’s requirements.

Generous Subsidies, At Taxpayer Expense

Under the BHP, the subsidies for non-citizens amount to 95 percent of what citizens would receive on an exchange. However, the BHP offers an additional sweetener: the plans must charge premiums that are less than the 2nd lowest silver plan, but must offer Obamacare’s platinum-level “cost-sharing” subsidies (or gold-level, depending on the alien’s income). As a result, the holders of these policies will have much lower out-of-pocket costs than citizens with exchange plans. Moreover, in many instances citizens will be forced onto Medicaid, whereas aliens with comparable incomes will receive deluxe private insurance at taxpayer expense.

BHP is a state program that must be instituted by each state. However, states like California will no doubt be eager to do so, because they will then be able to shift the medical costs of their (currently) illegal populations onto the rest of the country.

Senate Bill S.744 Does Not Stop This

Does S.744, the comprehensive amnesty bill passed by the Senate, prevent currently illegal aliens who obtain lawful status from receiving BHP benefits? No.  S.744′s language blocks insurance premium tax credits paid via the IRS.  But that isn’t how BHP’s subsidies are paid. Under the Basic Health Program, Obamacare pays subsidies from HHS directly to the states (42 USC §18051(d)), which then pay premium assistance (IRC §36B) and cost-sharing subsidies (PPACA §1402) directly to insurers, thus avoiding the IRS payment mechanism altogether.

Conclusions

  • Non-citizens granted any sort of “legal status” by an immigration deal or Executive Order would immediately become eligible for taxpayer subsidized, Obamacare-compliant private insurance plans. If they get a green card, work permit, etc., their newly granted status would entitle them to the Basic Health Program with better benefits and lower premiums than the Obamacare plans of the U.S. citizens who would be paying for these non-citizens’ subsidies.
  • The altered phraseology regarding BHP eligibility requirements creates ambiguity where the statute has none.
  • In some instances, Americans are condemned to mandatory Medicaid, while similarly situated non-citizens are treated to deluxe BHP private insurance, at citizens’ expense. Also, under the BHP, aliens with newly-granted status would receive better cost-sharing benefits than American citizens on Obamacare’s exchanges.
  • HHS’ final BHP rule violates the plain, unambiguous, and specific requirements of the statute by illegally making BHP subsidies flow to non-citizens with incomes over 133 percent of FPL.

A Final Observation

Finally, Rep. Joe Wilson (R-SC), widely criticized in 2009, appears vindicated:

PRES. OBAMA: “There are also those who claim that our reform efforts would insure illegal immigrants. This, too, is false. The reforms — the reforms I’m proposing would not apply to those who are here illegally.”

Rep. JOE WILSON “You lie!

—Remarks by the President to a Joint Session of Congress, 9/9/2009

Although Obamacare would not, strictly speaking, be offered to illegal aliens, it will in fact ultimately be offered to the exact same people Rep. Wilson said it would, the very people the President promised would not get Obamacare.

Joe Wilson was right.
_____________

The Law vs. HHS’ Final Rule, side-by-side

The Truth Squad has highlighted some of the differences we found.
How many can you find?

(42 USC 18051)

(42 CFR 600.305)

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